A MAN who allegedly left a loaded homemade pistol behind a tree after crashing into two parked cars at Cardiff in the early hours of Saturday morning has been refused bail.
Cain Stewart, 30, of Marmong Point, was allegedly found with methamphetamine, Xanax and $14,000 in cash after he crashed his Kia Cerato into a number of parked cars on Lowry Street, Cardiff about 3.50am.
Police said Mr Stewart was stopped from leaving the scene by a number of witnesses until officers arrived.
When they got there witnesses told them that, immediately after the crash, Mr Stewart had been "acting suspiciously" near a tree.
Police say they searched that area and found a homemade pistol and a bag of ammunition.
They say a search of Mr Stewart revealed the drugs and cash and he was taken to Toronto police station where he was charged with eight offences, including negligent driving, possession of an unauthorised and unregistered pistol, possession of a loaded firearm in a public place and dealing with the proceeds of crime.
Mr Stewart, who was represented by solicitor Stephanie Hawes, did not enter any pleas in Newcastle Bail Court on Sunday, but he did apply for bail.
Ms Hawes said Mr Stewart had a place in a detox program and residential rehabilitation centre and he could be granted release to return home and remain there until the program started next week.
She described the alleged offences as "out of character" for Mr Stewart, who she said had a history of drug use but had never been in jail and was excited about the prospects of entering a detox and rehabilitation facility.
"It is my position that his characteristics of a young man with a substance use problem as well as strong conditions put in place by this court means that [bail could be granted]," Ms Hawes said.
But the police prosecutor opposed bail, saying it was a strong police case against Mr Stewart given the witnesses and the other items found by police and that he was likely to serve a full-time custodial sentence if convicted.
"The protection of the community is a live issue here," the prosecutor said.
"Leaving a loaded firearm in the community is going to cause the court significant concern."
Ultimately, despite Mr Stewart's limited criminal history, the registrar refused bail saying the alleged offences were serious and involved "leaving a loaded weapon in a public place".
The matter was adjourned to Toronto on Monday.
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